Late in March, 3D Realms responded to Gearbox Software’s claim it and Interceptor Entertainment along with Apogee Software were not authorized to use the Duke Nukem trademark.

The companies submitted an answer to the lawsuit, stating Gearbox’s Asset Purchase Agreement contained only the rights to Duke Nukem Forever and that 3D Realms would be able to “complete and sell a videogame called “Duke Nukem Survivor.”